New Mexico 2023 Regular Session

New Mexico Senate Bill SM68

Introduced
3/13/23  

Caption

School Restraint & Seclusion Techniques

Impact

The memorial aims to establish uniform statewide guidelines for the use of restraint and seclusion techniques, as well as improve the consistency of reporting and documentation of incidents. This is significant because, without standardized protocols, practices can vary significantly between schools and districts. There are concerns regarding inadequate parental notification and lack of comprehensive training provided to school staff regarding positive behavior supports and de-escalation strategies, which the bill seeks to remedy.

Summary

Senate Memorial 68 seeks to address the issues surrounding the use of restraint and seclusion techniques in New Mexico public schools, particularly with students who have disabilities. The bill requests the Developmental Disabilities Council to convene a working group to develop standardized guidelines that would regulate these practices. Current New Mexico law allows for restraint and seclusion to be used only when a student's behavior poses an imminent danger of serious physical harm, and only after less restrictive interventions have been deemed insufficient.

Contention

The proposed bill highlights the ongoing debate about the appropriateness of restraint and seclusion in educational settings, especially for students with disabilities. While supporters believe that structured guidelines can enhance student safety and promote better intervention practices, critics worry that these measures might not adequately protect the rights of students or adequately address specific behavioral needs. There is apprehension that without strict oversight, instances of misuse could still occur, further impacting vulnerable students.

Notable_points

This legislation reflects a growing awareness and sensitivity to the use of restrictive behavioral management techniques in schools, recognizing the potential for harm if not overseen properly. Additionally, the involvement of various stakeholder groups, including educators, parents, and advocacy organizations, in the proposed working group underscores the bill's inclusiveness and the local engagement it aims to foster.

Companion Bills

No companion bills found.

Similar Bills

CA AB878

Juveniles: restraints.

NH SB393

Relative to the use of restraints on pregnant women in the custody of a state or county correctional facility.

CA AB2657

Pupil discipline: restraint and seclusion.

IL HB5631

MHDDC-LETHAL RESTRAINTS-PROHIB

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

TX SB751

Relating to the use of restraints in state schools.

CO HB1248

Protect Students from Restraint & Seclusion Act

NH HB491

Relative to prohibiting the use of the prone restraint for minors.